Modification Documents. Agent shall have received and approved the executed originals of (i) this Agreement, including the Consent and Reaffirmations attached hereto, (ii) the Xxxx Xxxxxxx Assumption and Joinder Agreement, (iii) the Assignment and Assumption Agreements, (iv) each of the Notes, and shall have received the fully executed and acknowledged Xxxx Xxxxxxx Deed of Trust along with the following fully executed and acknowledged short forms of this Agreement, each dated as of even date herewith executed by Borrowers, Agent and Lender (individually or collectively, the “Short Form Agreements”, and collectively with this Agreement and the Consent and Reaffirmation attached hereto, the “Modification Documents”):
(1) That certain Third Modification and Additional Advance Agreement (Short Form – Domain Gateway) to be recorded in the Official Records of Xxxxxx County, Texas;
(2) That certain Third Modification and Additional Advance Agreement (Short Form – Las Cimas) to be recorded in the Official Records of Xxxxxx County, Texas;
(3) That certain Third Modification and Additional Advance Agreement (Short Form – XxXxxx) to be recorded in the Official Records of Xxxxxxxxxx County, Tennessee; and
(4) That certain Third Modification and Additional Advance Agreement (Short Form – 155 North) to be recorded in the Official Records of Salt Lake County, Utah.
Modification Documents. Lender shall have received the following documents (collectively, and together with this Agreement, the “Modification Documents”), duly executed and delivered by all parties thereto, and otherwise satisfactory in form and content to Lender and its counsel:
(i) First Amendment to Construction/Term Loan Note;
(ii) Leasehold Mortgage Modification Agreement;
(iii) Assignment of Tolling Agreement;
(iv) Ratification of Assignment of Services Agreement;
(v) Ratification of Security Agreement
(vi) Ratification of Assignment of Management and Operational Services Agreement; and
Modification Documents. Agent shall have received and approved the executed originals of this Agreement, including the Consent and Reaffirmation of Guarantor attached hereto (collectively, the “Modification Documents”).
Modification Documents. Agent shall have received and approved the executed originals of (i) this Agreement, including the Consent and Reaffirmation of Guarantor attached hereto, (ii) the Joinder by Additional Borrower, (iii) the JPMorgan Assumption, (iv) the JPMorgan Note, (v) the fully executed and acknowledged Village Center Deed of Trust, (vi) the Texas Property Junior Deeds of Trust (as described in subparagraphs (1) and (2) below), and (vii) the fully executed and acknowledged modifications to deeds of trust and mortgages described in subparagraphs (3) through (7) below, each dated as of even date herewith executed by a Borrower and Agent (individually or collectively, the "Short Form Agreements", and collectively with this Agreement and the Consent and Reaffirmation of Guarantor attached hereto, the Joinder, the JPMorgan Assumption and the Texas Property Junior Deeds of Trust, the "Modification Documents"):
(1) That certain Junior Deed of Trust (With Assignment of Leases and Rents, Security Agreement and Fixture Filing) (Domain Gateway) to be recorded in the Official Records of Xxxxxx County, Texas;
(2) That certain Junior Deed of Trust (With Assignment of Leases and Rents, Security Agreement and Fixture Filing) (Xxxx Xxxxxxx) to be recorded in the Official Records of Dallas County, Texas (collectively with the document described in subparagraph (1) above, the "Texas Property Junior Deeds of Trust");
(3) That certain Second Modification and Additional Advance Agreement (Short Form) (Domain Gateway) to be recorded in the Official Records of Xxxxxx County, Texas;
(4) That certain Second Modification and Additional Advance Agreement (Short Form) (Xxxx Xxxxxxx) to be recorded in the Official Records of Dallas County, Texas;
(5) That certain Second Modification and Additional Advance Agreement (Short Form) (XxXxxx) to be recorded in the Register's Office for Xxxxxxxxxx County, Tennessee;
(6) That certain Second Modification and Additional Advance Agreement (Short Form) (Salt Lake Hardware) to be recorded in the Official Records of Salt Lake County, Utah;
(7) That certain Second Modification and Additional Advance Agreement (Short Form) (Park Place Village) to Deed of Trust to be recorded in the Official Records of Xxxxxxx County, Kansas.
Modification Documents. As used herein, the "Modification Documents" ---------------------- shall mean (a) an Allonge (the "Allonge") in the form attached hereto as Exhibit "A"; (b) a Third Amendment to Construction Loan Deed of Trust and Security Agreement in the form attached hereto as Exhibit "B" (the "Modification to Deed of Trust");
Modification Documents. Agent shall have received and approved the executed originals of (i) this Agreement, including the Consent and Reaffirmation of Guarantor attached hereto, and (ii) the fully executed and acknowledged modifications to deeds of trust and mortgages described in subparagraphs (1) through (5) below, each dated as of even date herewith executed by a Borrower and Agent (individually a "Short Form Agreement" and collectively, the "Short Form Agreements", and collectively with this Agreement and the Consent and Reaffirmation of Guarantor attached hereto, the "Modification Documents"):
(1) That certain Second Modification Agreement (Short Form) (515 Congress Project - Senior) to be recorded in the Official Records of Travis County, Texas;
(2) That certain Second Modification Agreement (Short Form) (515 Congress Project - Junior) to be recorded in the Official Records of Travis County, Texas;
(3) That certain Second Modification Agreement (Short Form) (17th Street Project) to be recorded in the Official Records of Fulton County, Georgia;
(4) That certain Second Modification Agreement (Short Form) (McEwen Project) to be recorded in the Register's Office for Williamson County, Tennessee; and
(5) That certain Second Modification Agreement (Short Form) (Gateway Tech Project) to be recorded in the Official Records of Salt Lake County, Utah.
Modification Documents. Borrower and the other Loan Parties identified below shall have executed and delivered to the Administrative Agent the following amendments to or supplements of the Loan Documents:
Modification Documents. Agent shall have received and approved the executed originals of (i) this Agreement, including the Consent attached hereto and (ii) each Short Form Agreement (the documents described in clauses (i) through (ii) of this paragraph are referred to herein collectively as, the “Modification Documents”).
Modification Documents. Agent shall have received and approved the original of this Agreement, including the Consent and Reaffirmations attached hereto, fully executed and acknowledged, and shall have received the following fully executed and acknowledged short forms of this Agreement, each dated as of even date herewith executed by Borrowers, Agent and Lender (individually or collectively, the "Short Form Agreements", and collectively with this Agreement and the Consent and Reaffirmation attached hereto, the "Modification Documents"):
(1) That certain Additional Advance and Modification Agreement (Short Form – Domain Gateway) to be recorded in the Official Records of Xxxxxx County, Texas;
(2) That certain Additional Advance and Modification Agreement (Short Form – Las Cimas) to be recorded in the Official Records of Xxxxxx County, Texas;
(3) That certain Additional Advance and Modification Agreement (Short Form – McEwen) to be recorded in the Official Records of Xxxxxxxxxx County, Tennessee; and
(4) That certain Additional Advance and Modification Agreement (Short Form – 155 North) to be recorded in the Official Records of Salt Lake County, Utah.
Modification Documents. The Company and the Buyers agree that this Agreement shall supersede the terms of the Modification Documents and that said Modification Documents shall be null and void and of no force and effect. Upon execution of this Agreement and delivery of the Warrants, the Buyers shall surrender to the Company the forms of July 31 Warrants in Buyers' possession.
